Bill H.1384
187th (2011 - 2012)

An Act relative to employee references

Bill Title: An Act relative to employee references

By Ms. Walz of Boston, a petition (accompanied by bill, House, No. 1384) of Martha M. Walz and others relative to the disclosure of information about current or former employees to prospective employers. The Judiciary.

SECTION 1. Chapter 149 of the General Laws is hereby amended by inserting after Section 52D the following section:- Section 52E. (A) Unless otherwise provided by law, an employer, or an employer’s designee, who discloses information about a current or former employee to a prospective employer of the employee shall be absolutely immune from civil liability if the disclosed information includes any or all of the following: (1) date of employment; (2) pay level; (3) job description and duties; and (4) wage history. An employer who responds in writing to a written request concerning a former employee from a prospective employer of that employee shall be absolutely immune from civil liability if the disclosed information includes either or both of the following: (1) written employee evaluations which were conducted prior to the employee’s separation from the employer; and (2) whether the employee was voluntarily or involuntarily released from service and the reasons for the separation.

(B) This section shall apply to causes of action accruing on and after the effective date of this act.

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